GENERAL TERMS AND CONDITIONS FOR SALES TO CONSUMERS AND POWER OF REVOCATION

(MAY 20TH 2008)

These General Terms and Conditions (hereinafter „Conditions“) shall exclusively govern all supplies and services furnished by us, FlorDepot to the Buyer, as far as the Buyer is consumer according to § 310 Abs. 3 BGB.

1. The presentation of our products and services on our homepage www.flordepot.de (Online-Shop) is not a binding offer according to § 145 BGB. With our Online-Shop we invite the Buyer to give us details to enable us to create an offer. A purchase order is not closely related with giving details by the Buyer. Based on this details we will submit an offer to the Buyer that we will send immediately to the Buyer. Binding orders are placed by the Buyer’s acceptance in writing e.g. letter, fax or e-mail.
2. Does the Buyer not place a binding order within one week beginning with receipt of our binding offer, his order is a new offer, that we can accept or deny in our discretion. In case of acceptance of this new offer by us, we will inform the Buyer without delay by e-mail or by any other communication channel that is preferred by the Buyer.
3. After the contract is concluded we send a confirmation to the Buyer by letter, fax or e-mail.
4. The contract and our confirmation set forth the entire agreements between the Buyer and us.
5. Any modification and/or amendment of the contract must be in written form. This also applies to a waiver of the written form requirement.

1. The prices as stated in the offer which acceptance causes a binding order shall apply exclusively.
2. We reserve the right to increase prices in the event the costs for raw materials and other materials necessary for the production of the goods to be delivered, increase considerably (at least 10 %). This shall only apply if the contractual delivery date is stated at least 4 months after the contract was concluded.
3. Where not agreed otherwise in writing, payment of the purchase price shall be due immediately. Payment of the purchase price before delivery is obligated if we shall deliver to an address outside of the territory of the Federal Republic of Germany. In this case of obligated payment before delivery or in the case the Buyer chooses pyment before delivery also for delivery to an address in the Federal Republic of Germany, we give a discount of 5% on the purchase price, but not on forwarding expenses and packing charges.
4. In case there is agreed upon a term for payment the Buyer will be in default (Zahlungsverzug) without further demand note after the expiration of the term for payment; in case there is no term for payment agreed upon the Buyer shall be in default (Zahlungsverzug) without any additional notice being necessary after the expiration of 30 days, commencing with receipt of the invoice; this shall apply only if the invoice contains a corresponding advice.
5. In such event we shall be entitled to claim default interest (Verzugszinsen) at 5 % above the base rate (Basiszinssatz, § 288 BGB). We reserve the right to claim further damages caused by default (Verzugsschaden).
6. Payments shall be rendered by bank transfer to one of our accounts listed on the invoice in the currency stated in the Confirmation. A payment shall be deemed rendered when we can dispose of the corresponding value.
7. The Buyer can only set-off such claims against us which are either undisputed or final and absolute.
8. The Buyer can only exercise a right of retention (Zurückbehaltungsrecht) when the counter claim is based upon the same contractual relationship. This shall not apply to the Buyer’s right of retention stipulated in § 320 BGB (Leistungsverweigerungsrecht).

1. The time of delivery shall be exclusively determined by our written Confirmation.
2. The delivery period shall commence with the sending of our Confirmation, though not before the Buyer has provided documents, approvals or clearances he is under an obligation to obtain and not before any down payment agreed upon has been received.
3. The delivery period shall be deemed to have been adhered to if during such period the goods have been dispatched from our premises or - in case the Buyer picks up the goods - the goods have been reported as being ready for shipment.
4. In the event of a fixed-date sale (§ 288 Abs. 2 Nr. 4 BGB) our liability shall be governed by the statutory provision of German Law.
5. We are liable pursuant to the statutory provisions of German law in case the delay in delivery is caused by an intentional or grossly negligent breach of contract of us; any fault (Verschulden) of a representative or servant of us is deemed to be a fault of us. In case the delay in delivery is not caused by an intentional breach of contract of us, our liability is limited to the foreseeable, typically occurring damage.
6. We are also liable pursuant to the statutory provisions of German law as far as the delay in delivery is caused by an intentional or negligent breach of a material contractual obligation; in this case our liability is limited to the foreseeable, typically occurring damage.
7. In case of delay in delivery further legal rights and claims of the Buyer remain unaffected.
8. Part deliveries are permissible.

1. The goods will be send to the Buyer or picked up by him as stipulated in the contract.
2. The risk shall pass to the Buyer when the goods are handed over to the carrier or forwarder. In event of delay of shipment caused by circumstances the Buyer is responsible for the risk shall pass to the Buyer when the goods have been reported as being ready for shipment.
3. The Buyer must raise in good time all complaints of damage in transit also against the carrier or forwarder and their respective insurance companies himself. If this requires our cooperation, e.g. by assigning a claim in connection with a third party damage liquidation (Drittschadensliquidation), we shall provide the necessary cooperation.

1. The goods supplied shall remain our sole property until the purchase price has been paid.
2. The Buyer is not entitled to pledge or transfer the delivered goods for the provision of security. Where the goods are sized or attached by a third party, the Buyer shall inform us immediately.

        In the event of warranty claims our liability shall be governed by the statutory
        provisions of German Law.

1. Any liability to pay damages exceeding the liability set forth in Sections IV. and VII. is excluded, regardless of the legal nature of the claim raised against us. This especially applies to claims resulting from a breach of duty during contract negotiations, claims arising from a breach of other contractual or statutory obligations as well as tort claims.
2. The exclusion of liability as set forth in para. 1 above does not apply if we or a person commissioned to perform our obligations (Erfüllungsgehilfe) acts with intent or gross negligence and/or where they intentionally or negligently breach a material contractual obligation (wesentliche Vertragspflicht).
3. To the extent we or persons commissioned to perform our obligations (Erfüllungsgehilfen) intentionally or negligently breach a material contractual obligation (wesentliche Vertragspflicht), the liability shall be limited to the amount of the foreseeable, typically occurring damages.
4. Our liability for culpable injury to life, body or health shall be neither limited nor excluded.
5. The statutory provisions of the Product Liability Code (Produkthaftungsgesetz) shall remain unaffected.

1. The Buyer agrees that his personal data (personenbezogene Daten) within the meaning of the Data Protection Code (Datenschutzgesetz) and which arise during the commercial relationship may be used by us and by the company group for internal company purposes.
2. Should any individual clause of these Conditions be or become partly or totally invalid, the remaining conditions shall remain unaffected.

Right of Revocation and Revocation Consequences

1. You can revoke your declaration of intent to conclude the contract without stating reasons within 2 weeks in writing e.g. letter, fax, e-mail or by returning the goods. The period commences at the earliest on receipt of this instruction. Sending the revocation or the goods within the time limit shall be sufficient to amount to compliance to the revocation period. The revocation has to be addressed to:
   
   FlorDepot International GmbH
   Friedrich-Bessel-Str. 2
   D-50126 Bergheim.
   
   
2. In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received. If the Buyer cannot refund the received achievement totally or partly or only in worsened condition, he is obliged to pay a value replacement. This does not apply, if the degradation of the goods is based exclusively on their examination as it would have been possible for the Buyer for instance in a shop. In all other respects the Buyer can avoid the obligation for value replacement, if he does not use the goods as own property and if he omits everything, which impairs their value. The Buyer has to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the price of the goods which can be sent back does not exceed an amount of 40 euro, or in case of a higher purchase price if the Buyer did pay the complete price or a partial payment in the event of a contractual agreement upon partial payment at the time of the revocation yet. Otherwise the return for the Buyer is free; FlorDepot will refund the costs to the Buyer in accordance with the standard tariffs of the deliverer. Goods which can not be shipped as a postal package will be picked up by FlorDepot.
   
   FlorDepot International GmbH
   Friedrich-Bessel-Str. 2
   D-50126 Bergheim
   Geschäftsführerin: Ruth Werres
   eingetragen im Handelsregister des AG Aachen
   (HRB 12870)